Marvin L. Barmes and Barbara J. Barmes - Page 61




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               the Philadelphia Service Center stating that a “Pure                   
               Trust” organization has no filing requirements.  We                    
               wish to advise you that the term “Pure Trust” is not                   
               used in the Internal Revenue Code.  Whatever the name                  
               of the trust arrangement, the taxation of the entity                   
               must comply with the requirements of the Internal                      
               Revenue Code.  These requirements are based upon the                   
               economic reality of the arrangement, not its nomencla-                 
               ture.                                                                  
                  *       *       *       *       *       *       *                   
                    In your response to out [sic] letter dated May 1,                 
               1997, you stated that no beneficiary disbursements were                
               made and that no Forms K-1 were necessary.  From this                  
               statement, we conclude that the trusts have not treated                
               you as their owners, although it appears to us it                      
               should have done so.  We note also that you did not                    
               report the trust income, deductions and credits on your                
               personal return for 1995.  Accordingly, the trusts are                 
               required to file their own returns.  With this law in                  
               mind, we request that you file Forms 1041 for the                      
               Sandbar Wholesale Trust and Sandbar Real Estate Trust                  
               with us on or before August 18, 1997.  In addition, we                 
               request that you provide us with the following documen-                
               tation for the tax year ended December 31, 1995:                       
                    1.  The case [sic] receipts and disbursements                     
               journals for each trust;                                               
                    2.  The checking and savings accounts for each                    
               trust (along with cancelled checks and deposit slips);                 
                    3.  A copy of the managing agent’s compensation                   
               agreement referred to in the trust agreement;                          
                    4.  A copy of Schedule A and the Addendum referred                
               to in each trust document; and                                         
                    5.  Any statements issued to you from the trusts                  
               informing you of the trusts’ income, deductions and                    
               credits that you are required to report on your per-                   
               sonal return for 1995 * * *.                                           
               On September 29, 1997, Mr. Barmes responded in writing (Mr.            
          Barmes’ letter dated September 29, 1997) to revenue agent Ar-               






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